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The Constitutional Vanguard
There Is No Originalist Case for Roe v. Wade

There Is No Originalist Case for Roe v. Wade

Don't let anyone tell you different.

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Patterico
Sep 22, 2021
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The Constitutional Vanguard
There Is No Originalist Case for Roe v. Wade
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A recent article by Aaron Tang of the University of California, Davis School of Law attempted to make — I kid you not — an “originalist” case for Roe v. Wade. That’s right: for the case of Roe v. Wade:

Few originalist arguments are as important as the claim that, at the time of the Fourteenth Amendment’s ratification, 27 of the 37 states in the union pro…

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